Kansas Business Legal Questions

If I understand you correctly, you lost your case and now want to try again before the same judge, but that is very unlikely.  Barring extraordinary circumstances, you can't try your case again.  You can appeal, but you would have to show some error by the Court which affected the verdict.  Thus, if, for example, the evidence was not allowed in because the trial court made a mistake, that could lead to reversal on appeal, but if it was not let in because your attorney screwed up, that is not appealable.  Your remedy would be to sue your attorney for malpractice.  This is very difficult, however, because it is difficult to prove that the attorney acted incompetently and that you would have won the case if he/she had been competent.  I know of legal malpractice cases which have been handled on a contingency, but it would have to be a very strong case.... Read Answer

 Lindy- you should move quickly to remove your name as resident agent. If you have signing authority stave bank, go immediately any remove your name. Write a letter to the owner outlineing the facts of the wrong he has done in making you own we and resident agent and mail it to his last known address. Show or sent the letter to anyone that contacts you about the business. Go to the consumer protection division of the district attorney and file a complaint. You may need an attorney to send the letter for you. Jeff... Read Answer

Mergers are creatures of statute and contract between the merging companies.  The Stockholders of each company must voit to merge, setting out in an agreement the management, finances, and stockholders of the company remaining after the merger.  A filing with the Secretary of State where the coBKD LLPempany resides is required.  the european company would file something equalivant with the government agent to which it reports.  The first step is an agreement of merger to be voted on by the stockholder followed by the government filings.  if either company is publicly traded, the rules change dramaticly, as SEC filings are necessary and Justice department review and approval.  Jeff... Read Answer

Usually the reporter will contact you for a response.  Under the consumer protection act, you have the opportunity to cure the problem.  you did.  under the uniform consumer credit code you have an obligation to correct and credit card charge.  you did that.  the problem was the fault of the processer and not yours, though you are ultimatly responsible as it was your processer.  the sould be a satisfactory response for the reporter to drop the story, or at lesst give on air time to respond.  an attonrey can buffer betwen you and the reporter and be your contact.  Jeff... Read Answer

Of course you would want the llc to enter the lease, not yourself personally, and of course your landlord wants you personally (and your wife) on the lease (or at least personally guaranteeing it.)  This is a matter for negotiation.  Will the landlord accept the llc as tenant, with no personal guarantee?  Are you willing to make yourself (and your wife) personally responsible for the lease?  Can you agree on a middle ground, for example, the llc enters the lease but pays a 6 month security deposit, or you guarantee the llc's lease, but only up to one year's rent, etc.... Read Answer

As a general matter, a parent corporation is not liable for the obligations of its subsidiary corporation, wheher those obligations arise out of a tort, contract, or some other basis (e.g. statutory liability.)  The owners of a corporation are not liable for the corporation's obligations, even if the owners are corporations themselves, except where they have agreed to be (e.g. if they guarantee the corporation's lease) or in rare circumstances when liability is imposed by law.  Assuming that the subsidiary corporation has operated properly so that there is no basis to "pierce the corporate veil", the parent corporation would not be liable, again absent its agreement, unless it had been the recipient of a fraudulent transfer from the subsidiary, in which case it could be liable to the extent of the transfer.  I'm not sure what you mean by corporate looting, but if you mean that the parent siphoned off the subsidiary's assets, leaving the subsidiary unable to pay its creditors, those creditors would have a claim against the parent corporation to the extent that it improperly received money (or other assets) from the subsidiary.   For example, if the subsidiary, despite owing a supplier $500, distributed $300 to its parent as a dividend and was then unable to pay the supplier, the supplier would have a claim against the parent for $300, plus interest.... Read Answer

That is substantially correct, although the standard for trademark infringement is lower than the distinguishability requirement to get a corporation name registered. In order for a corporation to be accepted for filing, in general its name must merely be distinguishable from that of any other registered corporation. Thus, you could incorporate "Xeroxe Corp." because it is not identical to any other corporate name. However, you could not sell copiers under the name XEROXE because it would be confusingly similar to the XEROX registered trademark. In general, if you plan to use your corporation name as a trademark, you will want to do a full trademark search to establish that it is available as a trademark.... Read Answer

It is impossible to respond to this inquiry from the limited facts presented. Your posited facts do not satisfactorily explain what the legal basis is on which you are entitled to have your tuition paid, or how that principle has been violated. You need to take your documents to an attorney for review.... Read Answer

It is perfectly legal to do this. The key is that you must honestly disclose the nature of the business into which you plan to enter to your card processor and you will need to address some anti-money laundering issues with your customers. Acteva, Eventbrite, etc. all do this with no issues. You can and should discuss the model with your own attorney.... Read Answer

It is not possible to consummate a Section 1031 exchange if there is an outright "sale" -- as your inquiry notes -- of the principal asset of the partnership; a tax-free exchange can only be effected if property is exchanged for property of like kind, not for cash. Generally speaking, the general partner of a partnership has a duty to deal fairly with the limited partners and to deal with partnership property in good faith. He need not minimize the tax consequence to a subset of limited partners, even if he could, merely because you request it.... Read Answer

If someone has used your social security number fraudulently you should immediately contact the Social Security Administration, toll-free at 800-772-1213. You should also report the unauthorized use to your state taxing authority, both income tax and sales tax, as well as your local police authorities regarding identity theft. This is a major matter, not an inconvenience and you should not delay at all. ... Read Answer

He may very well be liable, although the amounts recoverable as pain and suffering may be limited. Assuming that you have not suffered any permanent disability and have sustained no inability to work, you will find it difficult to have an attorney take this kind of matter on a contingent-fee basis. You might ask your boyfriend if he has insurance coverage and attempt to deal directly with his carrier. Good luck.... Read Answer

It is likely that the documents were prepared by the bank's in-house litigation staff and provided to the law firm for use in representing the bank. Generally speaking, banks and law firms are separate entities. However, no law prevents a bank from employing lawyers (as full-time employees) and having what amounts to an in-house law firm. Without more specifics, it is impossible to tell what might be going on here.... Read Answer

It is likely that you can be fired.  If you are an at-will employee for the company, you can be fired for any reason that the company sees fit.  If you have a contractual relationship you should examine the contract to determine if a breach exists.   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read Answer

Kansas is an "at will" employment state. That means that an employee may be terminated at any time for any reason or no reason at all, with certain exceptions not applicable to your fact pattern. There is no practical recourse for her. If you have concerns about this situation, she needs to consult a local attorney.... Read Answer